How Can Change of Employer Influence Your H1B Visa Status?

Successful Business People.

How Can Change of Employer Influence Your H1B Visa Status?

H1B visa allows U.S. employer to temporarily employ foreign workers in specialty occupations. One of the preconditions for granting H1B status is valid occupational relationship between you and your U.S. employer. It is determined by whether your U.S. employer may hire, pay, fire, supervise or otherwise control your work.

As long as this relationship exists and things are smooth and steady, there’s no need to worry. You can enjoy all benefits of your employment such as apply for vacation, sick, maternity/paternity leave or even go on strike. However, every now and then, you are wondering what should I do if circumstances change? What if I would like to change my employer?

Usually, merger or sale of your employer’s business won’t affect your H1B status. However, if you start to work in a capacity other than the specialty occupation petitioned for, it is certainly a status violation. On the other hand, if you quit or you are dismissed from the sponsoring employer, you have several options. Besides leaving the U.S. and applying to another non-immigration status, you can find another employer. Change of the sponsor is allowed plus there is no limit for number of H1B transfers. What is more, the H1B cap doesn’t affect this kind of the process. But keep in mind that your future employer must file a new Form I-129 petition before you begin to work for him. Once your H1B transfer is approved, there is no time limit to join a new company and you can start your new job immediately.

What documents should be submitted in order to change H1B employer?

  • Form I-129
  • Copy of your existing H1 approval
  • Two or three most recent pay stubs
  • Copy of your passport
  • Copy of the most current visa stamp
  • Copy of social security card
  • Latest resume
  • Copy of all diplomas, transcripts and mark sheets
  • Work experience letter, offer letters and relieving letters

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